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Council discusses enforcement options for water cross-connection violations; no immediate policy change
Summary
Interlaken Town staff updated the council on cross-connection control compliance and sought direction on enforcement options including fines and shutoffs; council asked staff to research fee schedules and alternatives before taking action.
Interlaken Town staff briefed the council on the town's cross-connection control program and enforcement options during the Aug. 25 meeting, focusing on houses out of compliance with irrigation or fire-suppression backflow requirements.
"Trent's very concerned that we might shut somebody's water off," Staff member Bart said, noting that shutoff has been the ordinance's listed enforcement measure and recounting an example raised in training of litigation involving a shutoff that coincided with a subsequent serious incident. "The enforcement measure right now is we shut their water off," Bart said, adding that an alternative enforcement structure could include fines or a fee schedule.
Council members discussed options including escalating fines (daily or weekly assessments), a misdemeanor penalty, and the use of shutoffs only as a last resort. One council member suggested a tiered fee structure to increase pressure on noncompliant homeowners over time. Another cautioned that fines will not help if the responsible party refuses or cannot pay, and that shutoffs could create safety risks in rare circumstances.
Bart said the town's existing ordinance authorizes discontinuation of service if a consumer fails to correct deficiencies within 10 days of written notice. "If in violation, there's not been any corrective action by the consumer within 10 days of written notification ... purveyor water purveyor, that's us shall deny or immediately discontinue services," he said.
Council did not adopt a new enforcement mechanism at the meeting. Instead, staff were asked to research enforcement models used by other communities, draft possible fee schedules, and return with recommendations that balance compliance incentives against safety and legal risk.
Why it matters Cross-connection control programs are designed to prevent contamination of the potable water system; enforcement choices affect public-health risk, utility operations and customer relations. The council's direction to research alternatives means any change will return for future council consideration.
What's next Staff will research fee schedules and enforcement structures used by other jurisdictions and report back to the council with options for ordinance amendments or administrative rulemaking.
